US v. Clark, 07-51442
Defendant's tax fraud conviction is affirmed where the delay prior to defendant's trial did not mandate dismissal with prejudice under the Speedy Trial Act, because: 1) defendant persisted in illegal conduct for a period of more than a year; 2) the overwhelming majority of the delay resulted from defendant's own conduct; and 3) the defense was not prejudiced by the delay.
- Decided 07/28/2009
- Published 07/28/2009
- PRADO, Circuit Judge:, Before HIGGINBOTHAM, GARZA and PRADO, Circuit Judges.
- United States Fifth Circuit
- For Appellant:
- Joseph H. Gay, Jr. Asst. U.S. Atty., Elizabeth Berenguer, San Antonio, TX, for U.S., James Scott Sullivan (Cour-Appointed), Law Offices of J. Scott Sullivan, San Antonio, TX, for Clark.